Introduced Version
Senate Bill 352 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 352
(By Senator Unger)
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[Introduced February 22, 2013; referred to the Committee on
Health and Human Resources; and then to the Committee on the
Judiciary .]
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A BILL to amend and reenact §27-3-1 of the Code of West Virginia,
1931, as amended, relating to mandatory disclosure of a
substantial danger of harm to a person by a mental health
patient or client.
Be it enacted by the Legislature of West Virginia:
That §27-3-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CONFIDENTIALITY.
§27-3-1. Definition of confidential information; disclosure.
(a) Communications and information obtained in the course of
treatment or evaluation of any client or patient are confidential
information. Such The confidential information includes the fact
that a person is or has been a client or patient, information transmitted by a patient or client or family thereof for purposes
relating to diagnosis or treatment, information transmitted by
persons participating in the accomplishment of the objectives of
diagnosis or treatment, all diagnoses or opinions formed regarding
a client's or patient's physical, mental or emotional condition,
any advice, instructions or prescriptions issued in the course of
diagnosis or treatment, and any record or characterization of the
matters hereinbefore described. It does not include information
which does not identify a client or patient, information from which
a person acquainted with a client or patient would not recognize
such the client or patient and uncoded information from which there
is no possible means to identify a client or patient.
(b) Confidential information shall may not be disclosed,
except:
(1) In a proceeding under section four, article five of this
chapter to disclose the results of an involuntary examination made
pursuant to section two, three or four of said that article;
(2) In a proceeding under article six-a of this chapter to
disclose the results of an involuntary examination made pursuant
thereto;
(3) Pursuant to an order of any court based upon a finding
that the information is sufficiently relevant to a proceeding
before the court to outweigh the importance of maintaining the
confidentiality established by this section;
(4) To provide notice to the federal National Instant Criminal
Background Check System, established pursuant to section 103(d) of
the Brady Handgun Violence Prevention Act, 18 U.S.C. §922, in
accordance with article seven-a, chapter sixty-one of this code;
(5) To protect against a clear and substantial danger of
imminent injury by a patient or client to himself, herself or
another;
(6) For treatment or internal review purposes, to staff of the
mental health facility where the patient is being cared for or to
other health professionals involved in treatment of the patient;
and
(7) Without the patient's consent as provided for under the
Privacy Rule of the federal Health Insurance Portability and
Accountability Act of 1996, 45 C.F.R. §164.506, for thirty days
from the date of admission to a mental health facility if: (i) The
provider makes a good faith effort to obtain consent from the
patient or legal representative prior to disclosure; (ii) the
minimum information necessary is released for a specifically stated
purpose; and (iii) prompt notice of the disclosure, the recipient
of the information and the purpose of the disclosure is given to
the patient or legal representative.
____(c) Notwithstanding any provision of law or rule to the
contrary, confidential information shall be disclosed to potential
victims and law enforcement to protect against a clear and substantial danger of imminent injury by a patient or client to
another person.
NOTE: The purpose of this bill is to make it mandatory for
mental health professionals to tell a potential victim and law
enforcement officials if a patient or client presents a clear and
substantial risk of harm to another person.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.